Broadcasting Decision CRTC 2013-533

Application 2012-1616-9, received 20 December 2012
Public hearing in the National Capital Region
26 June 2013

English-language FM radio station in Portage La Prairie

1. The Commission approves the application by Golden West Broadcasting Ltd. (Golden West) for a broadcasting licence to operate an English-language commercial FM radio programming undertaking in Portage La Prairie, Manitoba. The terms and conditions of licence are set out in the appendix to this decision.

2. The new station will replace the transmitter CFRY-FM-1 Portage La Prairie, which currently rebroadcasts the programming of the radio station CFRY Portage La Prairie. It will operate under CFRY-FM-1’s existing technical parameters, namely, at 93.1 MHz (channel 226B) with a maximum effective radiated power of 27,000 watts (non-directional antenna with an effective height of antenna above average terrain of 73.5 metres).

3. Golden West is a corporation controlled by Mr. Elmer Hildebrand.

4. The new station will offer a Classic Rock music format targeting adults between the ages of 18 and 54, with a narrower focus on those between the ages of 35 and 49. It will also support local talent through initiatives such as local talent searches focusing on Portage La Prairie’s local music community and the surrounding area.

5. Moreover, the applicant committed to providing 126 hours of local programming each broadcast week, 82 hours of which will be devoted to live local news, weather, sports, features, surveillance and farm and agriculture reports, all relating to the community, and will be broadcast between 6 a.m. and 6 p.m., Monday to Friday, and 6 a.m. to 5 p.m., Saturday and Sunday, as well as 44 hours of automated voice tracking using locally-produced voice-tracks focused on local surveillance and community information on Portage La Prairie.

6. Golden West also proposed to offer a music playlist, 40% of which will consist of Canadian content, on a weekly basis and from Monday to Friday between 6 a.m. and 6 p.m. According to the applicant, this playlist will provide musicians in the Classic Rock music genre with a level of exposure not presently available to them in Portage La Prairie.

Intervention

7. The Commission received a comment from the Province of Manitoba’s Emergency Measures Organization (Manitoba EMO). Manitoba EMO noted that it has as full access to the National Alert Aggregation and Dissemination (NAAD) System for the distribution of alert messages and wanted to be kept informed of the steps that Golden West would take to broadcast emergency messages.

8. In reply, Golden West indicated that it would work with Manitoba EMO to ensure that public safety messages are broadcast over the NAAD System by its new station.

9. The public record for this proceeding is available on the Commission’s website at www.crtc.gc.ca.

Canadian content development

10. The Commission reminds the licensee that when applicable, it must adhere to the requirements relating to contributions to Canadian content development (CCD) set out in section 15 of the Radio Regulations, 1986, as amended from time to time. The Commission notes that Golden West made commitments to exceed the minimum contribution to CCD. Specifically, it committed to devote, by condition of licence, over and above the basic annual contribution to CCD, a total of $2,500 per year to CCD over seven broadcast years upon commencement of operations. Of this amount, at least 20% shall be devoted to FACTOR or MUSICACTION on an annual basis. The Commission notes that the remainder of this additional CCD contribution shall be allocated to parties and initiatives fulfilling the definition of eligible initiatives set out in paragraph 108 of Commercial Radio Policy 2006, Broadcasting Public Notice CRTC 2006-158, 15 December 2006. A condition of licence in that regard is set out in the appendix to this decision.

Deletion of transmitter

11. In light of the approval of Golden West’s application, the Commission amends the broadcasting licence for the radio programming undertaking CFRY Portage La Prairie by deleting the transmitter CFRY-FM-1 Portage La Prairie. The Commission notes that deletion will occur at the time that the new FM station approved above is prepared to commence operations.

Secretary General

*This decision is to be appended to the licence.

Appendix to Broadcasting Decision CRTC 2013-533

Terms, conditions of licence and encouragement for the English-language commercial FM radio programming undertaking in Portage La Prairie, Manitoba

Terms

The licence will expire 31 August 2020.

The station will operate at 93.1 MHz (channel 226B) with a maximum effective radiated power of 27,000 watts (non-directional antenna with an effective height of antenna above average terrain of 73.5 metres).

The Commission reminds the applicant that pursuant to section 22(1) of the Broadcasting Act, no licence may be issued until the Department of Industry notifies the Commission that its technical requirements have been met and that a broadcasting certificate will be issued.

Furthermore, the licence for this undertaking will be issued once the applicant has informed the Commission in writing that it is prepared to commence operations. The undertaking must be operational at the earliest possible date and in any event no later than 24 months from the date of this decision, unless a request for an extension of time is approved by the Commission before 2 October 2015. In order to ensure that such a request is processed in a timely manner, it should be submitted at least 60 days before this date.

Conditions of licence

1. The licensee shall adhere to the conditions set out in Conditions of licence for commercial AM and FM radio station, Broadcasting Regulatory Policy CRTC 2009-62, 11 February 2009.

2. The licensee shall, as an exception to the percentage of Canadian musical selections set out in sections 2.2(8) and 2.2(9) of the Radio Regulations, 1986 (the Regulations), in any broadcast week:

a) devote, in that broadcast week, a minimum of 40% of its musical selections from content category 2 (Popular Music) to Canadian selections broadcast in their entirety; and

b) devote, between 6:00 a.m. and 6:00 p.m., in the period from Monday to Friday of the same broadcast week, a minimum of 40% of its musical selections from content category 2 to Canadian selections broadcast in their entirety.

For the purposes of this condition, the terms “broadcast week,” “Canadian selection,” “content category” and “musical selection” shall have the same meanings as those set out in the Regulations.

3. In addition to the basic annual contribution to Canadian content development, set out in section 15 of the Radio Regulations, 1986, the licensee shall, upon commencement of operations, make an annual contribution of $2,500 ($17,500 over seven broadcast years) to the promotion and development of Canadian content. Of this amount, no less than 20% per broadcast year shall be devoted to FACTOR or MUSICACTION. The remainder shall be allocated to parties and initiatives fulfilling the definition of eligible initiatives set out in paragraph 108 of Commercial Radio Policy 2006, Broadcasting Public Notice CRTC 2006-158, 15 December 2006.

Encouragement

Employment equity

In accordance with Implementation of an employment equity policy, Public Notice CRTC 1992-59, 1 September 1992, the Commission encourages the licensee to consider employment equity issues in its hiring practices and in all other aspects of its management of human resources.